Makes no sense to me either, and I'm a lawyer. Five years makes sense if the only possible charge was vehicular manslaughter, maybe, but this case should support a lot of more serious charges: kidnapping (driving him to her garage and keeping him there), felony murder (death caused by kidnapping), and probably at least second-degree murder as well (not sure of the Texas definition; in New York, this would be death caused by "a depraved indifference to human life").
Dan
This is exactly what I thought yesterday (and I'm not a lawyer). And anyone who helped her get rid of the body would be an accessory after the fact, yes? I have no idea why they are not pursuing this. And you don't either. Between your confusion and mine, this whole thing stinks to high heaven, doesn't it?
Most likely she will be senteneced at the far end of what is allowable. I think they may be able to get premeditation since the man was alive and likely would have lived if she hadnt left in her windshield locked up in her garage. Seems like a smart prosecutor could throw in "kidnapping" charge which is a death penalty charge.
Sounds like time to throw the book at someone, then stack the sentences, and then bring on a federal trial for having denied the decedent his civil rights, and let her do some federal time while waiting to come home to the state time.
That's if they can't do better than a five-year charge. What about voluntary manslaughter? Second-degree murder?
I want some videotape of this guy's dead body with MLK's "I Have a Dream" speech booming in the background. About how people were all going to be nice to one another.
Question: Would nurse's aide Mallard have done this to a brother?